Case: Panian v. Blanche

1:26-cv-01537 | U.S. District Court for the Eastern District of Virginia

Filed Date: June 3, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the Department of Justice’s (DOJ) decision to rescind the full-time telework accommodations of two employees of the Executive Office of Immigration Review (EOIR) following the enforcement of the Trump Administration’s return to in-person work policy.  This putative class action was filed on June 3, 2026 in the U.S. District Court for the Eastern District of Virginia against the Acting Attorney General of the United States. Both plaintiffs were employees of the EOIR with dis…

This case challenges the Department of Justice’s (DOJ) decision to rescind the full-time telework accommodations of two employees of the Executive Office of Immigration Review (EOIR) following the enforcement of the Trump Administration’s return to in-person work policy. 

This putative class action was filed on June 3, 2026 in the U.S. District Court for the Eastern District of Virginia against the Acting Attorney General of the United States. Both plaintiffs were employees of the EOIR with disabilities who had been granted full-time telework as a reasonable accommodation under Section 501 of the Rehabilitation Act. Both plaintiffs consistently received excellent performance reviews while working remotely. Following President Trump's January 20, 2025 “Return to In-Person Work Memorandum,” EOIR implemented a policy and practice of predetermining that telework is never an appropriate accommodation, and subsequently denied both plaintiffs’ renewal requests. Represented by both private and public counsel, the plaintiffs brought three counts under Section 501 of the Rehabilitation Act: one on behalf of a proposed class challenging the no-telework policy, and one for each of the two individually named plaintiffs. The plaintiffs sought declaratory and injunctive relief, compensatory damages, restoration of used leave, attorneys' fees, and a jury trial. The case was assigned to District Judge Patricia Tolliver Giles and Magistrate Judge William E. Fitzpatrick. 

On June 17, 2026, the plaintiffs moved for a preliminary injunction, seeking the immediate restoration of their full-time telework accommodations. The plaintiffs argued that they would be likely to succeed on the merits because, although they could perform the essential functions of their jobs with accommodations, EOIR refused to grant those accommodations and discriminated against them on the basis of disability. The plaintiffs further contended that EOIR failed to propose alternative accommodations, identify any legitimate issues with their medical documentation, or describe any undue hardship that granting the requested accommodations would impose. The plaintiffs also noted that they would face irreparable harm without the telework accommodation because returning to in-person work would pose an imminent and serious risk to both plaintiffs’ health.

On July 10, 2026, Judge Giles held a hearing on the motion for a preliminary injunction and granted the motion that same day. The defendants were ordered to immediately restore the plaintiffs’ full-time telework reasonable accommodation until a judgment is entered in this case. 

As of July 17, 2026, this case is ongoing. 

Summary Authors

(6/14/2026)

Kara Wilczynski (7/21/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73438118/parties/panian-v-blanche/


Attorney for Plaintiff

Carroll, Catherine Mary (Virginia)

Hill, Eve L (Virginia)

Wetzler, Lauren A. (Virginia)

Attorney for Defendant

Loftus, Meghan Elizabeth (Virginia)

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Documents in the Clearinghouse

Document
1

1:26-cv-01537

Class Action Complaint Jury Trial Demanded

June 3, 2026

June 3, 2026

Complaint
14

1:26-cv-01537

Memorandum Of Points And Authorities In Support Of Plaintiffs’ Motion For A Preliminary Injunction

June 17, 2026

June 17, 2026

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73438118/panian-v-blanche/

Last updated July 22, 2026, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

Complaint ( Filing fee $ 405, receipt number AVAEDC-11045441.), filed by Kimberly Panian, Hoi Yee Baxter. (Attachments: # 1 Civil Cover Sheet)(Carroll, Catherine) (Entered: 06/03/2026)

1 Civil Cover Sheet

View on PACER

June 3, 2026

June 3, 2026

Clearinghouse
2

Proposed Summons re 1 Complaint by Hoi Yee Baxter, Kimberly Panian. (Attachments: # 1 Summons)(Carroll, Catherine) (Entered: 06/03/2026)

June 3, 2026

June 3, 2026

3

NOTICE of Appearance by Catherine Mary Agnes Carroll on behalf of Hoi Yee Baxter, Kimberly Panian (Carroll, Catherine) (Entered: 06/03/2026)

June 3, 2026

June 3, 2026

4

Motion to appear Pro Hac Vice by Anashua Dutta and Certification of Local Counsel Catherine M.A. Carroll Filing fee $ 75, receipt number AVAEDC-11045449. by Hoi Yee Baxter, Kimberly Panian. (Carroll, Catherine) (Entered: 06/03/2026)

June 3, 2026

June 3, 2026

5

Motion to appear Pro Hac Vice by Elena Goldstein and Certification of Local Counsel Catherine M.A. Carroll Filing fee $ 75, receipt number AVAEDC-11045453. by Hoi Yee Baxter, Kimberly Panian. (Carroll, Catherine) (Entered: 06/03/2026)

June 3, 2026

June 3, 2026

6

Motion to appear Pro Hac Vice by Louis Katz and Certification of Local Counsel Catherine M.A. Carroll Filing fee $ 75, receipt number AVAEDC-11045455. by Hoi Yee Baxter, Kimberly Panian. (Carroll, Catherine) (Entered: 06/03/2026)

June 3, 2026

June 3, 2026

7

Motion to appear Pro Hac Vice by Heidi Rhodes Burakiewicz and Certification of Local Counsel Catherine M.A. Carroll Filing fee $ 75, receipt number AVAEDC-11045457. by Hoi Yee Baxter, Kimberly Panian. (Carroll, Catherine) (Entered: 06/03/2026)

June 3, 2026

June 3, 2026

8

Motion to appear Pro Hac Vice by Sophia Serrao and Certification of Local Counsel Catherine M.A. Carroll Filing fee $ 75, receipt number AVAEDC-11045460. by Hoi Yee Baxter, Kimberly Panian. (Carroll, Catherine) (Entered: 06/03/2026)

June 3, 2026

June 3, 2026

9

Summons Issued as to U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney)(Agil, ) (Entered: 06/04/2026)

June 4, 2026

June 4, 2026

Initial Case Assignment to District Judge Patricia Tolliver Giles and Magistrate Judge William E. Fitzpatrick. (Agil, )

June 4, 2026

June 4, 2026

10

AFFIDAVIT of Service for Summons & Complaint served on Todd W. Blanche, in his official capacity as Acting Attorney General of the United States on June 11, 2026, filed by Hoi Yee Baxter, Kimberly Panian. (Carroll, Catherine) (Entered: 06/12/2026)

June 12, 2026

June 12, 2026

11

AFFIDAVIT of Service for Summons & Complaint served on The United States Attorney's Office for the Eastern District of Virginia on June 4, 2026, filed by Hoi Yee Baxter, Kimberly Panian. (Carroll, Catherine) (Entered: 06/12/2026)

June 12, 2026

June 12, 2026

12

NOTICE of Appearance by Lauren A. Wetzler on behalf of Hoi Yee Baxter, Kimberly Panian (Wetzler, Lauren) (Entered: 06/16/2026)

June 16, 2026

June 16, 2026

13

MOTION for Preliminary Injunction by Hoi Yee Baxter, Kimberly Panian. (Attachments: # 1 Proposed Order)(Carroll, Catherine) (Entered: 06/17/2026)

June 17, 2026

June 17, 2026

14

Memorandum in Support re 13 MOTION for Preliminary Injunction filed by Hoi Yee Baxter, Kimberly Panian. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Carroll, Catherine) (Entered: 06/17/2026)

1

View on RECAP

2

View on RECAP

3

View on RECAP

June 17, 2026

June 17, 2026

Clearinghouse
15

AFFIDAVIT in Support re 13 MOTION for Preliminary Injunction filed by Hoi Yee Baxter, Kimberly Panian. (Attachments: # 1 Exhibit 5, # 2 Exhibit 6, # 3 Exhibit 7, # 4 Exhibit 8, # 5 Exhibit 9, # 6 Exhibit 10, # 7 Exhibit 11, # 8 Exhibit 12, # 9 Exhibit 13, # 10 Exhibit 14, # 11 Exhibit 15, # 12 Exhibit 16, # 13 Exhibit 17, # 14 Exhibit 18, # 15 Exhibit 19, # 16 Exhibit 20, # 17 Exhibit 21, # 18 Exhibit 22, # 19 Exhibit 23, # 20 Exhibit 24, # 21 Exhibit 25, # 22 Exhibit 26, # 23 Exhibit 27)(Carroll, Catherine) (Entered: 06/17/2026)

June 17, 2026

June 17, 2026

16

AFFIDAVIT in Support re 13 MOTION for Preliminary Injunction filed by Hoi Yee Baxter, Kimberly Panian. (Attachments: # 1 Exhibit 29, # 2 Exhibit 30, # 3 Exhibit 31, # 4 Exhibit 32, # 5 Exhibit 33, # 6 Exhibit 34, # 7 Exhibit 35, # 8 Exhibit 36, # 9 Exhibit 37, # 10 Exhibit 38, # 11 Exhibit 39, # 12 Exhibit 40, # 13 Exhibit 41, # 14 Exhibit 42, # 15 Exhibit 43, # 16 Exhibit 44, # 17 Exhibit 45, # 18 Exhibit 46, # 19 Exhibit 47, # 20 Exhibit 48, # 21 Exhibit 49, # 22 Exhibit 50, # 23 Exhibit 51, # 24 Exhibit 52, # 25 Exhibit 53, # 26 Exhibit 54, # 27 Exhibit 55, # 28 Exhibit 56, # 29 Exhibit 57, # 30 Exhibit 58, # 31 Exhibit 59, # 32 Exhibit 60)(Carroll, Catherine) (Entered: 06/17/2026)

June 17, 2026

June 17, 2026

17

Notice of Hearing Date set for 7/2/2026 re 13 MOTION for Preliminary Injunction (Carroll, Catherine) (Entered: 06/17/2026)

June 17, 2026

June 17, 2026

18

Notice of Hearing Date Amended Notice of Hearing set for 07/09/2026 re 13 MOTION for Preliminary Injunction (Carroll, Catherine) (Entered: 06/18/2026)

June 18, 2026

June 18, 2026

19

ORDER that the hearing is RESET for Friday, 07/10/2026, at 10:00 a.m. re: 13 MOTION for Preliminary Injunction filed by Kimberly Panian, Hoi Yee Baxter. Signed by District Judge Patricia Tolliver Giles on 06/18/26. (pmil, ) (Entered: 06/18/2026)

June 18, 2026

June 18, 2026

Motion Hearing set for 7/9/2026 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles as to 13 MOTION for Preliminary Injunction. (dzir)

June 18, 2026

June 18, 2026

Reset Deadline as to 13 MOTION for Preliminary Injunction. Motion Hearing set for 7/10/2026 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (pmil, )

June 18, 2026

June 18, 2026

20

Opposition to 13 MOTION for Preliminary Injunction filed by Todd W. Blanche. (Attachments: # 1 Exhibit A)(Loftus, Meghan) (Entered: 07/01/2026)

July 1, 2026

July 1, 2026

21

NOTICE of Appearance by Eve L Hill on behalf of Hoi Yee Baxter, Kimberly Panian (Hill, Eve) (Entered: 07/02/2026)

July 2, 2026

July 2, 2026

22

Motion to appear Pro Hac Vice by Anisha Shanae Queen and Certification of Local Counsel Eve L. Hill Filing fee $ 75, receipt number AVAEDC-11117424. by Hoi Yee Baxter, Kimberly Panian. (Hill, Eve) (Entered: 07/02/2026)

July 2, 2026

July 2, 2026

23

REPLY to Response to Motion re 13 MOTION for Preliminary Injunction filed by Hoi Yee Baxter, Kimberly Panian. (Attachments: # 1 Exhibit 61, # 2 Exhibit 62, # 3 Exhibit 63, # 4 Exhibit 64, # 5 Exhibit 65, # 6 Exhibit 66, # 7 Exhibit 67, # 8 Exhibit 68, # 9 Exhibit 69, # 10 Exhibit 70, # 11 Exhibit 71, # 12 Exhibit 72, # 13 Exhibit 73, # 14 Exhibit 74, # 15 Exhibit 75, # 16 Exhibit 76, # 17 Exhibit 77)(Carroll, Catherine) (Entered: 07/07/2026)

July 7, 2026

July 7, 2026

24

NOTICE of Appearance by Meghan Elizabeth Loftus on behalf of Todd W. Blanche (Loftus, Meghan) (Entered: 07/09/2026)

July 9, 2026

July 9, 2026

25

Minute Entry for proceedings held before District Judge Patricia Tolliver Giles: Motion Hearing held on 7/10/2026.Appearances of Counsel for Plaintiffs' and Counsel for Defendant.RE: 13 MOTION for Preliminary Injunction filed by Kimberly Panian, Hoi Yee Baxter - MATTER ARGUED AND GRANTED - ORDER TO FOLLOW/ENTER.Court Reporter: S. Wallace (pmil, ) (Entered: 07/10/2026)

July 10, 2026

July 10, 2026

26

ORDERED that Plaintiffs' Motion is GRANTED; and it further ORDERED that Defendant DIRECT the Executive Office of Immigration Review ("EOIR") to immediately restore Plaintiffs Kimberly Panian and Hoi Yee Baxter their full-time telework reasonable accommodations, until such time as judgement is entered. Signed by District Judge Patricia Tolliver Giles on 7/10/2026. (dzir) (Entered: 07/10/2026)

July 10, 2026

July 10, 2026

RECAP

Case Details

State / Territory:

Virginia

Case Type(s):

Disability Rights

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: June 3, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are two employees of the Executive Office of Immigration Review with disabilities who were denied renewal of telework accommodations.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Democracy Forward

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Federal

United States Department of Justice

Case Details

Other Dockets:

Eastern District of Virginia 1:26-cv-01537

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Damages

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Reasonable Accommodation

Issues

Disability and Disability Rights:

Disability, unspecified

Reasonable Accommodations

Discrimination Area:

Accommodation / Leave

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation